Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-04-20
WEDNESDAY. APRIL 30, 1887.
westvirginia.

Too day the Legislature Of West Vir-
gina will meet in extra session, under
the call Of the Governor. The Consti'
tuition OF West Virginia provides that
the Legislature shall at an extra session
consider no other business than that for
the consideration of which it was con-
vened, and that the Governor shall in
his proclamation converting it specify
the objects OF Legislation for which it
was called. This is "the supreme law
of the land in West Virginia in so far
as it is not in conflict with the Federal
Constitution but as this latter Consti-
tuition is "tho supreme law of the land "
in all the States of the Union, any pro-
vision OF the State Constitution which
attempts to circumscribe or limit its
operation or tho operation of Federal
laws passed in virtue of authority de-
rived from that instrument, is no better
than so much waste paper.
Nevertheless, the Democratic boilers
in West Virginia profess to hold that
the Legislature is bound by the pro-
vision of the State Constitution to which
we have referred not to elect q United
States senator. This contention is
merely absurd, seeing that the supreme
law of the whole land, which all judges
and legislators take solemn oath to
support, provides that
Whenever ON the meeting of the
Legislature OF any State vacancy exists
in the representation of such State in
the Senate, the Legislature shall pro-
coed on the second Tuesday after meet
ing and organization to elect a person
to fill such vacancy"
We cite q case in point. Some twen-
ty-five or thirty years ago LYMAN
TRUMBULL, of Illinois, was wlIilsta Judge
elected 10 the United States Senate,
Notwithstanding that the Constitution
of the State provided that no person
holding the Office of judge should be
elected United States senator within
less than twelve months after going
ont of Office as q Judge. MIR. TRUM-
BULLS seat was contested. But of
course the United States Senate seated
him. The Constitution of the State
was powerless in the presence of the
Federal Constitution, which itself fixes
the qualifications of senators.
Similar will be the conclusion reached
by the West Virginia Legislature I'M
less majority of its members are
struck with judicial blindness. The
Republicans may vote against electing
a United States senator because they
desire 10 perpetuate the strife now per-
yading the ranks of the Democrats OF
the State. II they do so vote, their
votes added to the votes of the Demo
cratic boilers will have the effect of
staving off the election of a United
States senator for two years, and giving
Mr.. LUCAS, the leader of the boilers.
an opportunity to claim the seat under
the appointment by the Governor.
Put it doesn't follow that Mr.. Lucas
would get the seat. More likely it is
that West Virginia would have to con-
tent herself for two years with one
United States senator for the Federal
Constitution provides that
of vacancies happen, by resigna-
ton or otherwise, during the recess of
the Legislature of any State, the Exec
utive thereof may make temporary APP
pointments until tie nert meeting OF
the Legislature, which shall then fill
such vacancies.
The "next meeting" Of the Legisla-
ture takes place to-day. The Governor
can only appoint "u''ta the merit meet
ing" The Legislature is therefore re-
qnired by the Federal Constitution to
elect q United States senator at its
present session.